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UNITED STATES v. OCHOA-TORRES

No. 79-1252.

626 F.2d 689 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Rodolfo OCHOA-TORRES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 21, 1980.

Attorney(s) appearing for the Case

Joseph T. Vodnoy, Los Angeles, Cal., for defendant-appellant.

David Rodriques, Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellee.

Before MERRILL and WALLACE, Circuit Judges, and WYATT, District Judge.

WALLACE, Circuit Judge:

Ochoa-Torres (Ochoa) appeals his conviction for conspiring to distribute heroin in violation of 21 U.S.C. § 846. He contends that (1) the government failed to produce substantial evidence to prove that he was a member of the alleged conspiracy at the time of the overt act alleged in the indictment; (2) the court in which he was tried, the United States District Court for the Eastern District of California, lacked jurisdiction because the...

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